Help! In an accident today... Now what?

Discussion in 'Questions From New Drivers' started by Benny haha, Oct 7, 2011.

  1. Gizmo_Man

    Gizmo_Man Road Train Member

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    Ah yes, but it was a woman, driving a Mercedes....how reasonable does anyone believe she will be?

    I didn't take what you said as any argument.
     
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  3. BigJohn54

    BigJohn54 Gone, but NEVER forgotten

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    I think it is a waste of time to entertain the idea of a civil suit. While most would agree that is was stupid to tow the car, the lady had every right to do it.

    Her actions did not cause the damage to the driver, the regulations did. In addition, she had no way of being aware that her actions would cause injury to a commercial driver.

    Good luck on going against the regulations which are really the factor in this incident.

    Doesn't this sue mentality make us no better than the ones we constantly berate for this.
     
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  4. Benny haha

    Benny haha Bobtail Member

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    Pedigreed bulldog, you have given me the second glimmer of hope since this incident. The first was a meeting with the safety officer and company owner this AM when I got back to the office (day late due to running out of hours on account of time spent on scene... Gotta love HOS Regs). Gave me a bit of a hard time about the incident/cost to the company etc.. Asked if I needed more mirrors on the truck, general ribbing. Then told me what load I had scheduled for Monday and told me not to stress about it too much. "they're called accidents because they happen by accident."
    I have copies of the accident report I filled out for the company as well as the "exchange of information" form from the NY State Trooper who responded to the scene. I will be getting a copy of the pictures I took and ordering a copy of the police report as well. I assume she will "Lawyer up" and will have to cross that bridge when I get there, I am definitely going to look into a lawyer for myself and getting a copy of the repair bill when available to try to prove that it was a requested tow and not a necessary one. Have to hope for the best and plan for the worst. I'm just glad that no one was injured or worse and that I still have my job!
    Thanks for the feedback everyone!
    ~Benny (not so) haha
     
  5. Benny haha

    Benny haha Bobtail Member

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    I don't plan on a civil suit but I would like to be able to prove that this was a requested tow, not a necessary one in order to try to contest the soon to be black mark on my DAC. I agree that this sue you because you hurt my feelings foolishness has gotten a bit out of control!
     
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  6. Tazz

    Tazz Road Train Member

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    You ave gone and taken your drug test right?
     
  7. Benny haha

    Benny haha Bobtail Member

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    Cop didn't order it and company hasn't mentioned it yet, I assume I will have to do one first thing Monday though... No problems there for me, but you're right, I should have proof of being clean.
     
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  8. scottied67

    scottied67 Road Train Member

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    I was running on I80, slow lane, SUV passing, (2 lanes westbound) SUV plows into my fuel tank driver's side and spins off into the median and had to be towed. Ruled non preventable non DOT reportable.

    No drug test was required for this accident that I had.
     
  9. Tazz

    Tazz Road Train Member

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    Normally it is only if cited for the drug test. And if you haven't already done it I wouldn't now to much time has passed. I would have done it that day as soon as possible because I have been through a couple court cases where a four wheeler screwed up and tried to sue deep pockets for it. Something a lawyer brought up on pre-trial disposition was a question to me "How do you know your driver was not under the influence of anything?". I had no better answer than I did not believe he was and trusted the on scene officers judgement. It taught me a lesson to have that answer readily available, I know because a drug screen was administered within X hours.

    Any lady wanting her Benz towed is probably going to have a stiff neck today and need physical therapy by Monday. They'll file by the first or I'll buy you a cup of coffee.

    Scottie that was DOT reportable. Sorry any time a vehicle is towed it becomes reportable.
     
  10. 123456

    123456 Road Train Member

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    Looking for answers ?????

    Try one of these..........

    [​IMG]
     
  11. mgfg

    mgfg Road Train Member

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    Not the cops job to "order" it. As a driver it is your responsability to know the law. Your safety officer is also culpable in this.

    Monday will be so friggin' late it won't matter so don't waste your time or your employer's money.
     
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